The rule of rescue holds that special weight should be given to protecting the lives of assignable individuals in need, implying that less weight is given to considerations of cost-effectiveness. This is sometimes invoked as an argument for funding or reimbursing life-saving treatment in public healthcare even if the costs of such treatment are extreme. At first sight one might assume that an individualist approach to ethics—such as Scanlon’s contractualism—would offer a promising route to justification of the (...) class='Hi'>rule of rescue. In this chapter I argue that contractualism cannot endorse the rule of rescue, whereas a collectivist approach that appeals to group solidarity would offer support for rescue cases. The argument, however, has its limitations, and though solidarity is of central concern in shaping public healthcare, there are good reasons for not endorsing the rule of rescue as a moral basis for allocating scarce resources in clinical care. (shrink)

Clinicians and health researchers frequently encounter opportunities to rescue people. Rescue cases can generate a moral duty to aid those in peril. As such, bioethicists have leveraged a duty to rescue for a variety of purposes. Yet, despite its broad application, the duty to rescue is under-analyzed. In this paper, we assess the state of theorizing about the duty to rescue. There are large gaps in bioethicists’ understanding of the force, scope, and justification of the (...) two most cited duties to rescue—the individual duty of easy rescue and the institutional rule of rescue. We argue that the duty of easy rescue faces unresolved challenges regarding its force and scope, and the rule of rescue is indefensible. If the duty to rescue is to help solve ethical problems, these theoretical gaps must be addressed. We identify two further conceptions of the duty to rescue that have received less attention—an institutional duty of easy rescue and the professional duty to rescue. Both provide guidance in addressing force and scope concerns and, thereby, traction in answering the outstanding problems with the duty to rescue. We conclude by proposing and propose research priorities for developing accounts of duties to rescue in bioethics. (shrink)

Many philosophers believe that agents are self-ruled only when ruled by their (authentic) selves. Though this view is rarely argued for explicitly, one tempting line of thought suggests that self-rule is just obviously equivalent to rule by the self . However, the plausibility of this thought evaporates upon close examination of the logic of ‘self-rule’ and similar reflexives. Moreover, attempts to rescue the account by recasting it in negative terms are unpromising. In light of these problems, (...) this paper instead proposes that agents are self-ruled only when not ruled by others. One reason for favouring this negative social view is its ability to yield plausible conclusions concerning various manipulation cases that are notoriously problematic for nonsocial accounts of self-rule. A second reason is that the account conforms with ordinary usage. It is concluded that self-rule may be best thought of as an essentially social concept. (shrink)

We often show a greater inclination to assist and avoid harming people identified as those at high risk of great harm than to assist and avoid harming people who will suffer similar harm but are not identified (as yet). Call this the identified person bias. Some ethicists think such bias is justified; others disagree and claim that the bias is discriminatory against statistical people. While the issue is present in public policy and politics, perhaps the most notable examples can be (...) found in medical ethics such as in ICU triage decisions made during the COVID‐19 pandemic. The Rule of Rescue, as the application of the identified person bias is sometimes called, states that spending large amounts of resources rescuing identifiable individuals who are in imminent danger is justified. In this paper, I show that our distorted attitudes toward time play a role in identified person bias. I claim that ICU triage decisions are better explained by a preference to treat people sooner rather than later, which is at least partially due to near bias (positive events are to be preferred to be near rather than distant), than by a preference to treat identified lives over statistical lives. Thus, another bias, near bias, is involved in the reasoning behind the identified person bias and the Rule of Rescue. (shrink)

It is often argued that inferential role semantics (IRS) entails semantic holism as long as theorists fail to answer the question about which inferences, among the many, are meaning-constitutive. Since analyticity, as truth in virtue of meaning, is a widely dismissed notion in indicating which inferences determine meaning, it seems that holism follows. Semantic holism is often understood as facing problems with the stability of content and many usual explanations of communication. Thus, we should choose between giving up IRS, to (...) avoid these holistic entailments, and defending holism against this charge, to rescue IRS. I try to pursue the second goal by analyzing certain patterns of counterfactual reasoning. Wilfrid Sellars and Robert Brandom claim that, to defend IRS, content-constitutive inferences are those counterfactually robust. While it is difficult to assess the goodness of such a view, it nonetheless entails that counterfactually non-robust inferences (which I call “modally ruled out inferences”) are not content-constitutive. If this is true, and if we take certain remarks about the grasp of concepts on board, there is a way to restrict the scope of the holism entailed by IRS to the extent of reshaping problems with the stability of content. (shrink)

According to psychological research, people are more eager to help identified individuals than unidentified ones. This phenomenon significantly influences many important decisions, both individual and public, regarding, for example, vaccinations or the distribution of healthcare resources. This paper aims at presenting definitions of various levels of identifiability as well as a critical analysis of the main philosophical arguments regarding the normative significance of the identifiability effect, which refer to: (1) ex ante contractualism; (2) fair distribution of chances and risks; (3) (...) anti-aggregationist principles that recommend the distribution of bad effects and the concentration of good ones. I will show that these arguments, although connected with interesting philosophical problems regarding e.g. counterfactuals, aggregation, or probability, are unconvincing. (shrink)

We can evaluate laws as better or worse relative to different normative standards. One might lament the fact that a law violates human rights or, in a different register, marvel at its ease of application. A question in legal philosophy is whether some standards for evaluating laws are fixed by—or grounded in—the very nature of law. I take Raz’s discussion of the distinctively legal virtues, those that fall under the rubric of the “Rule of Law” such as clarity, generality, (...) and non-retroactivity, as my starting point for exploring a very general puzzle about the relationship between law’s essence and its virtue. -/- The claim that there are some virtues that laws have qua laws invites a comparison between law and other “goodness-fixing kinds.” A kind is goodness-fixing if what it is to be a member of the kind fixes a standard for evaluating instances as better or worse. For example, if an object belongs to the kind CLOCK, whether it keeps time accurately provides a basis for evaluating it as better or worse as a clock. Furthermore, the relevant normative fact—if a clock does not keep time accurately, it is a bad clock—is at least partly explainable in terms of the nature of clocks (clocks are things that are supposed to be keep time accurately). Hence, for any goodness-fixing kind, K, that sets a standard, S, for evaluating Ks as Ks, we can ask: (1) How does the nature of Ks explain S? (2) Does being a K depend on meeting a minimum threshold of S-relative goodness? In the case of law and its constitutive standard defined by the Rule-of-Law virtues, these questions lack settled answers. Although Raz offers some discussion, I argue that his answers have the surprising upshot of rendering law sui generis relative to other goodness-fixing kinds, and that preserving continuity with other goodness-fixing kinds involves revising the general picture. (shrink)

In the middle of the 20th century, it was a common Wittgenstein-inspired idea in philosophy that for a linguistic expression to have a meaning is for it to be governed by a rule of use. In other words, it was widely believed that meanings are to be identified with use-conditions. However, as things stand, this idea is widely taken to be vague and mysterious, inconsistent with “truth-conditional semantics”, and subject to the Frege-Geach problem. In this paper I reinvigorate the (...) ideas that meaningfulness is a matter of being governed by rules of use and that meanings are best thought of in terms of use-conditions. I will do this by sketching the Rule-Governance view of the nature of linguistic meaningfulness, showing that the view isn’t by itself subject to the two problems, and explain why the idea has had a lasting appeal to philosophers from Strawson to Kaplan and why we should find it continually attractive. (shrink)

This paper describes and defends a novel and distinctively egalitarian conception of the rule of law. Official behavior is to be governed by preexisting, public rules that do not draw irrelevant distinctions between the subjects of law. If these demands are satisfied, a state achieves vertical equality between officials and ordinary people and horizontal legal equality among ordinary people.

En este trabajo, que corresponde a un breve homenaje en honor a Juan Ruiz Manero, reconstruiré y analizaré críticamente algunos puntos que, a mi criterio, muestran cómo tener una teoría de la autoridad jurídica articulada y explícita (al menos, en algunos de sus elementos) podría sería necesaria para algunas de las tesis y fines que Ruiz Manero persigue. Estos puntos son: 1) La afirmación de Ruiz Manero de la existencia de una tensión irresoluble entre principios sustantivos y un principio institucional (...) como el de obediencia a las autoridades normativas (definitivas); 2) La respuesta dada por Ruiz Manero a qué hacer frente a esa supuesta tensión irresoluble; y 3) La delimitación entre arbitrariedad y discreción, así como el espacio para el error, que parece subyacer detrás de (1) y (2). Me ocuparé de ellos, en orden de aparición, en las secciones 2 a 4, para luego ofrecer algunas palabras conclusivas en la sección 5. (shrink)

In the theory of meaning, it is common to contrast truth-conditional theories of meaning with theories which identify the meaning of an expression with its use. One rather exact version of the somewhat vague use-theoretic picture is the view that the standard rules of inference determine the meanings of logical constants. Often this idea also functions as a paradigm for more general use-theoretic approaches to meaning. In particular, the idea plays a key role in the anti-realist program of Dummett and (...) his followers. In the theory of truth, a key distinction now is made between substantial theories and minimalist or deflationist views. According to the former, truth is a genuine substantial property of the truth-bearers, whereas according to the latter, truth does not have any deeper essence, but all that can be said about truth is contained in T-sentences (sentences having the form: ‘P’ is true if and only if P). There is no necessary analytic connection between the above theories of meaning and truth, but they have nevertheless some connections. Realists often favour some kind of truth-conditional theory of meaning and a substantial theory of truth (in particular, the correspondence theory). Minimalists and deflationists on truth characteristically advocate the use theory of meaning (e.g. Horwich). Semantical anti-realism (e.g. Dummett, Prawitz) forms an interesting middle case: its starting point is the use theory of meaning, but it usually accepts a substantial view on truth, namely that truth is to be equated with verifiability or warranted assertability. When truth is so understood, it is also possible to accept the idea that meaning is closely related to truth-conditions, and hence the conflict between use theories and truth-conditional theories in a sense disappears in this view. (shrink)

Proponents of the rule of law argue about whether that ideal should be conceived formalistically or in terms of substantive values. Formalistically, the rule of law is associated with principles like generality, clarity, prospectivity, consistency, etc. Substantively, it is associated with market values, with constitutional rights, and with freedom and human dignity. In this paper, I argue for a third layer of complexity: the procedural aspect of the rule of law; the aspects of rule-of-law requirements that (...) have to do with "natural Justice" or "procedural due process." These I believe have been neglected in the jurisprudential literature devoted specifically to the idea of the rule of law and they deserve much greater emphasis. Moreover procedural values go beyond elementary principles like the guarantee of an unbiased tribunal or the opportunity to present and confront evidence. They include the right to argue in a court about what the law is and what its bearing should be on one's situation. The provision that law makes for argument is necessarily unsettling, and so this emphasis on the procedural aspect highlights the point predictability should not be regarded as the be-all and end-all of the rule of law. (shrink)

Undeniably, the greatest way for a Moslem to be closer to Allah, is recitation of Holy-Quran approves with the method conveyed from Messenger of Allah Mohammed from the feature of speech points of letters and the intrinsic and fleeting characteristics of the letters, So, there is a persistent need to teach all Moslems the science of Tajweed Al-Quran. ITS (Intelligent Tutoring System) is computer software that supplies direct and tailored training or response to students without human teacher interfering. The main (...) target of ITS is smoothing the learning process using the wide-ranging facilities of computer. The proposed system will be implemented using the ITSB Authoring tool. In this thesis, the researcher presents an intelligent tutoring system for teaching Reciting Al-Quran "Tajweed" with Rewaya: Hafs from ‘Aasem by the way of Shatebiyyah. It was a novel idea that the researcher combined the science of Tajweed Al-Quran and the science of artificial intelligence in his thesis. The researcher arranged the material into chapters, lessons, examples then, added all these to the proposed system. He also added questions, right answers and the level of difficulty for each lesson. He prepared an exam for each chapter and a final exam to test the knowledge of the learner in the whole material. The system was evaluated by teachers and students in reciting science and the outcome of the assessment was encouraging and promising. (shrink)

Free trade agreements are about reducing tariffs, market access in services, protection of intellectual property rights, streamlining customs procedures, trade remedy measures, and dispute settlement mechanism. Equally important if not even more important than these provisions is the designation of rules of origin. Many benefits can be lost if restrictive rules of origin are incorporated. Rules of origin are supposed to be straightforward and easy-to-follow methods used to determine origin of imported goods. The policy question that arises is how to (...) improve trade integration among Arab countries through more effective rules of origin. (shrink)

The level of enjoyment in participating in sports activities is one component that causes young athletes to decide to stop or become more motivated to pursue sports activities. Practicing and participating in competitions are the main activities in sports coaching interactions towards optimal performance. This study aims to determine the effect of modifying the match rules implemented in youth soccer competitions on the level of enjoyment of players. Using an experimental method with 20 soccer schools participating in a competition with (...) modified game rules. Players registered by his team amounted to an average of 13.8 players aged 9-12 years. The number of players who are willing to fill out the pleasure level questionnaire is 238 players. Each player was asked to fill out a questionnaire before and after the competition, the questionnaire was analyzed using the mean and percentage test technique. The results of data analysis showed the average score before participating in the competition was 4.10 while after participating in the competition it was 4.47, which means an increase of 8.88%. The results showed that the level of enjoyment of the players increased after participating in the competition. Modification of the rule of the game in competition affects the level of enjoyment of players in the interaction of youth soccer coaching. Coaches, administrators, and match organizers are expected to have a positive paradigm of thinking and policy making towards the organization of competitions for young soccer players. (shrink)

Mental content normativists hold that the mind’s conceptual contents are essentially normative. Many hold the view because they think that facts of the form “subject S possesses concept c” imply that S is enjoined by rules concerning the application of c in theoretical judgments. Some opponents independently raise an intuitive objection: even if there are such rules, S’s possession of the concept is not the source of the enjoinment. Hence, these rules do not support mental content normativism. Call this the (...) “Source Objection.” This paper refutes the Source Objection, outlining a key strand of the relationship between judgments and their contents in the process. Theoretical judgment and mental conceptual content are equally the source of enjoinment; norms for judging with contents do not derive from one at the expense of the other. (shrink)

In this paper I examine the sixth century ’Rule of St. Benedict’, and argue that the authority structure of Benedictine communities as described in that document satisfies well-known principles of authority defended by Joseph Raz. This should lead us to doubt the common assumption that premodern models of authority violate the modern ideal of the autonomy of the self. I suggest that what distinguishes modern liberal authority from Benedictine authority is not the principles that justify it, but rather the (...) first-order beliefs for the sake of which authority is sought by the individual, and the degree of trust between the authority and the subject. (shrink)

In this paper, the relationship between the e-value of a complex hypothesis, H, and those of its constituent elementary hypotheses, Hj, j = 1… k, is analyzed, in the independent setup. The e-value of a hypothesis H, ev, is a Bayesian epistemic, credibility or truth value defined under the Full Bayesian Significance Testing mathematical apparatus. The questions addressed concern the important issue of how the truth value of H, and the truth function of the corresponding FBST structure M, relate to (...) the truth values of its elementary constituents, Hj, and to the truth functions of their corresponding FBST structures Mj, respectively. (shrink)

En «What Makes a Transnational Rule of Law? Understanding the Logos and Values of Human Action in Transnational Law», Verónica Rodríguez-Blanco explora la posibilidad –y oportunidad– de la existencia de un Rule of Law (en adelante, ROL) a nivel transnacional. El objetivo de este trabajo es discutir brevemente algunos puntos relativos a diferentes facetas de la propuesta de Rodríguez-Blanco: la pregunta correcta acerca del ROL y su visión particular acerca de la acción humana (sección 2); el tipo de (...) explicación acerca de las reglas, estándares, reglamentos y principios (sección 3); las definiciones de ROL, coerción, y libertad (sección 4); las partes de la relación relevante y la noción de derecho transnacional (sección 5), y la estructura de las relaciones relevantes en contextos nacionales y transnacionales (sección 6). Intentaré, por una parte, mostrar cómo estos puntos pueden presentarse como relativamente problemáticos y por tanto debilitar la integridad de la propuesta de Rodriguez-Blanco; y, por otra parte, ofrecer algunas alternativas acerca de cómo estos problemas podrían ser resueltos para fortalecerla. A través de esos comentarios intentaré también mostrar cuáles serían, en mi opinión, los puntos importantes a considerar para cualquier discurso o propuesta sólida relacionada con éstos. Finalmente, concluiré con algunos comentarios finales (sección 7). (shrink)

In “What Makes a Transnational Rule of Law? Understanding the Logos and Values of Human Action in Transnational Law”, Veronica Rodriguez-Blanco explores the possibility—and opportunity—of the existence of a Rule of Law (from now on, RoL) on a transnational level. The aim of this paper is to briefly discuss some points related to various facets of Rodriguez-Blanco’s proposal: the correct question about the RoL and her particular view of human action (section 2); the type of explanation about rules, (...) standards, regulations and principles (section 3); the definitions of RoL, coercion, and freedom (section 4); the parties of the relevant relationship and the notion of transnational law (section 5); and the structure of relevant relationships in national and transnational contexts (section 6). I will try, on the one hand, to show how these points could appear quite problematic and thus seem to undermine the integrity of Rodriguez-Blanco’s proposal, and on the other hand, to offer some suggestions as to how these problems could be solved to strengthen her proposal. With these comments, I will also try to indicate what I think are the most important points that should be considered in any sound discourse or proposal on these subjects. I will then conclude with some final remarks (section 7). (shrink)

In Tractatus 5.132 Wittgenstein argues that inferential justification depends solely on the understanding of the premises and conclusion, and is not mediated by any further act. On this basis he argues that Frege’s and Russell’s rules of inference are “senseless” and “superfluous”. This line of argument is puzzling, since it is unclear that there could be any viable account of inference according to which no such mediation takes place. I show that Wittgenstein’s rejection of rules of inference can be motivated (...) by taking account of his holistic construal of the relation between inference and understanding. (shrink)

At the core of republican thought, on Philip Pettit’s account, lies the conception of freedom as non-domination, as opposed to freedom as noninterference in the liberal sense. I revisit the distinction between liberal and republican freedom and argue that republican freedom incorporates a particular rule-of-law requirement, whereas liberal freedom does not. Liberals may also endorse such a requirement, but not as part of their conception of freedom itself. I offer a formal analysis of this rule-of-law requirement and compare (...) liberal and republican freedom on its basis. While I agree with Pettit that republican freedom has broader implications than liberal freedom, I conclude that we face a trade-off between two dimensions of freedom (scope and robustness) and that it is harder for republicans to solve that trade-off than it is for liberals. Key Words: freedom • republicanism • liberalism • noninterference • non-domination • rule of law • robustness • liberal paradox. (shrink)

I criticize Yamada's account of rule-following. Yamada's conditions are not necessary. And he misses the deepest level of the rule-following considerations: how meaning rules come about.

What is the American rule of law? Is it a paradigm case of the strong constitutionalism concept of the rule of law or has it fallen short of its rule of law ambitions? -/- This open access book traces the promise and paradox of the American rule of law in three interwoven ways. -/- It focuses on explicating the ideals of the American rule of law by asking: how do we interpret its history and the (...) goals of its constitutional framers to see the rule of law ambitions its foundational institutions express? -/- It considers those constitutional institutions as inextricable from the problem of race in the United States and the tensions between the rule of law as a protector of property rights and the rule of law as a restrictor on arbitrary power and a guarantor of legal equality. In that context, it explores the distinctive role of Black liberation movements in developing the American rule of law. -/- Finally, it considers the extent to which the American rule of law is compromised at its frontiers, and the extent that those compromises undermine legal protections Americans enjoy in the interior. It asks how America reflects the legal contradictions of capitalism and empire outside its borders, and the impact of those contradictions on its external goals. (shrink)

This self-contained one page paper produces one valid two-premise premise-conclusion argument that is a counterexample to the entire three traditional rules of distribution. These three rules were previously thought to be generally applicable criteria for invalidity of premise-conclusion arguments. No longer can a three-term argument be dismissed as invalid simply on the ground that its middle is undistributed, for example. The following question seems never to have been raised: how does having an undistributed middle show that an argument's conclusion does (...) not follow from its premises? This result does nothing to vitiate the theories of distribution developed over the period beginning in medieval times. What it does vitiate is many if not all attempts to use distribution in tests of invalidity outside of the standard two-premise categorical arguments—where they were verified on a case-by-case basis without further theoretical grounding. In addition it shows that there was no theoretical basis for many if not all claims of fundamental status of rules of distribution. These results are further support for approaching historical texts using mathematical archeology. (shrink)

This paper examines theories of first person authority proposed by Dorit Bar-On (2004), Crispin Wright (1989a) and Sydney Shoemaker (1988). What all three accounts have in common is that they attempt to explain first person authority by reference to the way our language works. Bar-On claims that in our language self-ascriptions of mental states are regarded as expressive of those states; Wright says that in our language such self-ascriptions are treated as true by default; and Shoemaker suggests that they might (...) arise from our capacity to avoid Moore-paradoxical utterances. I argue that Bar-On’s expressivism and Wright’s constitutive theory suffer from a similar problem: They fail to explain how it is possible for us to instantiate the language structures that supposedly bring about first person authority. Shoemaker’s account does not suffer from this problem. But it is unclear whether the capacity to avoid Moore-paradoxical utterances really yields self-knowledge. Also, it might be that self-knowledge explains why we have this capacity rather than vice versa. (shrink)

In Search of the Girl Soldiers of Aboke Abstract In a story about class, power, belonging, disappearance, and political tension, journalist Els De Temmerman tells the story of one hundred and thirty-nine girls abducted from the Aboke School in Uganda, raped, given as wives to the soldiers, and forced to kill other children. Collectively, their stories become the voice of all children abducted into heinous armies; this is a summary of their disappearance, struggle, death, and, for some, liberation. The Lord’s (...) Resistance Army is run by Joseph Kony, a man with meager education and plans to “overthrow the government in Uganda and then rule the country by the Ten Commandments” (Temmerman 15). Temmerman begins each chapter with a Scripture, such as “‘The lion has come up from the thicket, and the destroyer of the gentiles is on his way; he is gone forth from his place to make thy land desolate’” (Temmerman 1). Kony believes his twisted movement has Biblical backing, thus justifying their crimes. These Scriptures describe what is taking place throughout Uganda. Like Ocol in Ugandan Okot p’Bitek’s Song of Lawino, the LRA think they are bringing civilization, “drunk with the illusion of real power” (p’Bitek 136), cleansing the world of evil. They believe that they are God’s chosen people. This is also the story of Sister Rachele’s plea to the Pope and the rulers of nations to rescue these children. President Obama is the first U. S. President to send in American troops. In Search of the Girl Soldiers of Aboke Works Cited . (shrink)

The legal progression in China is portrayed negatively by western scholars who often argue that the state institutions in China are subordinate to the control of Chinese Communist Party’s leadership which makes these institutions politically insignificant. We consider that the legal progression in China has an instrumental role in achieving “Harmonious Socialist Society.” The purpose of this thesis is to provide an analytical literature review of scholastic work to explain the legality of rule of law in China and to (...) elaborate the outcomes of China’s recent legal developments. This paper has two main subjects. First, it examines the nature of law and rule of law in China through the prism of different legal theories. Secondly, by arguing from different political theories, it explains the necessity of customized legal system in China for establishing a Harmonious Socialist Society. By giving different examples from contemporary China, this thesis argues that the legality of the rule of law in China ought to be understood in the context of China’s economic and social progression rather than the western legal scholarship. China’s economic progress demands a customized legal system. In our thesis, we claim that the regular upgradation of laws and introduction of constitutional amendments in China, should be recognized as important achievement which is required for the institutional innovation. Legal progression in China during last decade perfectly fit into the framework of “Socialism with Chinese Characteristics” and is very crucial for building a harmonious socialist society. It is vivid from China’s economic growth and developed international relations. Finally, this paper suggests that the Chinese legal progression can be taken as successful example of legal experimentalism. (shrink)

Originally published in 1975, this is the concluding section of E.P. Thompson's study of the 18th century English legislation known as "the Black Act." Thompson, a Marxist historian, here embraces and defends the notion of the rule of law, famously calling it "an unqualified human good" (p. 208).

The demands of rationality are linked both to our subjective normative perspective (given that rationality is a person-level concept) and to objective reasons or favoring relations (given that rationality is non-contingently authoritative for us). In this paper, I propose a new way of reconciling the tension between these two aspects: roughly, what rationality requires of us is having the attitudes that correspond to our take on reasons in the light of our evidence, but only if it is competent. I show (...) how this view can account for structural rationality on the assumption that intentions and beliefs as such involve competent perceptions of downstream reasons, and explore various implications of the account. (shrink)

Aboriginal claims for self-government in the Americas and Australasia are distinctive for being less about secession—at least so far—than about demanding an innovative rethinking of the regulative norms and institutions within and between already established nation-states. Recent cases in Australia (and Canada) provide an opportunity to consider the nature of such claims, and some of the theoretical implications for regulative conceptions of sovereignty and the rule of law. A general question informing the entire discussion here is: how do particular (...) conceptions of the rule of law affect Aboriginal claims? Can a distinctive body of Aboriginal law survive in a liberal constitutional state already constituted in part by regulative ideals of the rule of law? (shrink)

A certain type of inference rules in modal logics, generalizing Gabbay's Irreflexivity rule, is introduced and some general completeness results about modal logics axiomatized with such rules are proved.

Divine Attributes and their reflection in the flowing of history and its stages is one of the most important issues in the theoretical philosophy of history that has attracted the attention of philosophers of history. This issue has become doubly important because it relates to human free will and the extent and manner of his role in history. This article has tried to examine the three attributes: "Lordship", "Knowledge" and "Will" along with a description of the concept of "Fate and (...) Destiny" (Ghadza' and Ghadar) based on the words of Amir al-Mu'menin Ali (AS), especially in Nahj al-Balaghah, and besides explaining the concept of their sovereignty over the history, proves its incompatibility with determinism. The findings of this study indicate that in the view of Amir al-Mo'menin Ali (AS), if these attributes do not rule over the history, history will decline, and since according to the teachings of Islamic revelation, the free will of man, itself is one of the elements of historical events, believing in the dominance of these attributes does not limit the scope of human free will and formative authority. (shrink)

Roger Swyneshed, in his treatise on insolubles (logical paradoxes), dating from the early 1330s, drew three notorious corollaries of his solution. The third states that there is a contradictory pair of propositions both of which are false. This appears to contradict the Rule of Contradictory Pairs, which requires that in every such pair, one must be true and the other false. Looking back at Aristotle's treatise De Interpretatione, we find that Aristotle himself, immediately after defining the notion of a (...) contradictory pair, gave counterexamples to the rule. Thus Swyneshed's solution to the logical paradoxes is not contrary to Aristotle's teaching, as many of Swyneshed's contemporaries claimed. Dialetheism, the contemporary claim that some propositions are both true and false, is wedded to the Rule, and in consequence divorces denial from the assertion of the contradictory negation. (shrink)

If the semantic value of predicates are, as Williamson assumes, properties, then epistemicism is immediate. Epistemicism fails, so also this properties view of predicates. I use examination of Williamsons position as a foil, showing that his two positive arguments for bivalence fail, and that his efforts to rescue epistemicism from obvious problems fail to the point of incoherence. In Part II I argue that, despite the properties view’s problems, it has an important role to play in combinatorial semantics. We (...) may separate the problem of how smallest parts of language get attached to the world from the problem of how those parts combine to form complex semantic values. For the latter problem we idealize and treat the smallest semantic values as properties (and referents). So doing functions to put to one side how the smallest parts get worldly attachment, a problem that would just get in the way of understanding the combinatorics. Attachment to the world has to be studied separately, and I review some of the options. As a bonus we see why, mostly, higher order vagueness is an artifact of taking properties as semantic values literally instead of as a simplifying idealization. (shrink)

This article advances two views on the role of evaluative judgment in clinical assessments of decision-making capacity. The first is that it is rationally impossible for such assessments to exclude judgments of the values a patient uses to motivate their decision-making. Predictably, and second, attempting to exclude such judgments sometimes yields outcomes that contain intractable dilemmas that harm patients. These arguments count against the prevailing model of assessment in common law countries—the four abilities model—which is often incorrectly advertised as being (...) value-neutral in respect of patient decision-making both by its proponents and in statute. A straightforward evaluative model of capacity assessment which wears its values on its sleeves and is biased against what are called ‘serious prudential mistakes’ avoids these rational and practical problems. (shrink)

In their article, “Immigrant legalization: A Dilemma Between Justice and The Rule of Law,” Sarah Song and Irene Bloemraad address rule of law objections to policies that would regularize the status of undocumented immigrants in the United States. On their view, justice requires that liberal democratic states (i.e., states that are committed to individual liberty and universal equality) provide pathways for undocumented immigrants to regularize their status. We do not disagree with Song and Bloemraad’s account: rule of (...) law and regularization policies are not inconsistent, and in fact regularization supports rule of law, when properly understood. Our view is that there needs to be a deeper investigation into the motivations of “rule of law” objections considered in Song and Bloemraad’s account. We argue that the real purpose of these objections is not necessarily to serve as an alternative to the justice-based claims of undocumented immigrants, but as a way to undermine them. On our account, these rule of law objections accomplish this undermining task through the mechanisms of dog whistling, discrediting and distorting, and ostracizing. (shrink)

After providing a brief overview of the economic theory of judicial decisions this paper presents an argument for why not only the economic theory of judicial decisions, but also the rational approach in general, most often fails in explaining decision-making. Work done within the research program of New Institutionalism is presented as a possible alternative. Within this research program judicial activity is conceptualized as the activity of "interpreting the rules of the game", i.e. the institutions that frame the economic and (...) political interaction in a society. Such a conceptualization of judicial interpretation and judicial decision-making would have to depart from rational choice modes of reasoning, and should instead focus on how human beings actually reason, learn and choose drawing from research in cognitive science. (shrink)

The literature contains two concepts of corruption which are often confused with one another: corruption as twisted character (pollution), and corruption as disloyalty. It also contains two sites for corruption: the corruption of individuals, and the corruption of entire institutions such as a state or a legislature.This paper first draws a clear distinction between the pollution and disloyalty concepts of corruption in the individual context, and then defends a conception of disloyalty corruption according to which the distinguishing feature is an (...) agent who uses powers delegated to her from her principal as her own. Then, the paper shifts gears to the institutional context, arguing that the best account of institutional corruption in the extant literature is of the pollution kind. It then fills the remaining logical space by laying out a conception of institutional corruption as disloyalty and explaining its moral significance for the political legitimacy of a democracy. (shrink)

In this paper, I suggest that for some proposed solutions to global justice problems, incompatibility with the necessary features of international law is a reason to reject them. I illustrate this by discussing the problem raised by the case of unjust combatants, that is, combatants lacking a just cause for war. I argue that the principle of inequality of combatants, which suggests that we ought to prohibit those without a just cause for war from fighting, is not only a bad (...) international legal principle, but also a bad principle of global justice. (shrink)